Progressive Credit Limited
Mobile Loan
Terms & Conditions
Table of Contents
01The Agreement
02Definitions
03Acceptance of Terms
04Loan Account Opening
05Your Requests
06Lien
07Set-off
08Statements & Balances
09Customer Complaints
10Dormant Accounts
11Interest & Charges
12Taxes
13Consent & Data Protection
14Specific Loan Products
15Disclosure & Information Sharing
16Your Equipment & Responsibilities
17Exclusion of Liability
18Intellectual Property
19Indemnity
20Variation & Termination
21Miscellaneous
22Notices
23Dispute Resolution
24Privacy of Personal Information
25Service Outages
26Our Partners' Services
27Changing Terms & Conditions
28Tenure of Agreement
01
The Agreement
1.1
This Agreement sets out the terms and conditions which shall be applicable to the PCL Mobile Loan account opened by you with PCL.
1.2
These terms and conditions and any amendments or variations thereto take effect on their date of publication and will be available online at www.progressivecr.co.ke.
02
Definitions
2.1
In these Terms and Conditions, the following words and expressions bear the meanings below:
2.1.1"PCL" means Progressive Credit Ltd, including its subsidiaries, successors and assigns.
2.1.3"PCL Mobile Loan Account" means the virtual loan account held by a customer with PCL, opened and operated in accordance with these terms.
2.1.4"PCL Mobile Loan Products" means virtual products or services offered to complement the PCL Mobile Loan account.
2.1.6"Customer" means the person in whose name the PCL Mobile Loan account is held.
2.1.8"CRB" means a credit reference bureau duly licensed under the Banking Act pursuant to Banking (Credit Reference Bureau) Regulations, 2013.
2.1.9"Equipment" includes your mobile phone handset, SIM card, and other equipment enabling access to the PCL Mobile system.
2.2
"M-Pesa Account" means your mobile money store of value maintained by Safaricom.
2.5
"PIN" means your personal identification number — the secret code used to access and operate the PCL Mobile system.
2.8
"Request" means a request or instruction received by PCL from you through the network upon which PCL is authorized to act.
2.13
"Transaction Fees" includes all fees and charges payable for use of the services as published by PCL. Transaction fees are subject to change at PCL's sole discretion.
2.15
"We," "our," and "us" means PCL and includes the successors and assigns of PCL.
2.16
"You" or "your" means the customer and includes the personal representatives of the customer.
03
Acceptance of Terms and Conditions
3.1
These terms and conditions govern the use and operation of the PCL Mobile Loan account. You should take the time to read and understand them.
3.2
If you do not agree with these terms and conditions, please click "Decline" or "Cancel" on the PCL Mobile Loan menu.
3.3
You will be deemed to have read, understood and accepted these terms and conditions:
3.3.1Upon clicking the "Accept" or "Proceed" option on the PCL Mobile Loan menu; and/or
3.3.2By using or continuing to use and operate the PCL Mobile Loan system and/or the services.
3.4
By applying to open the PCL Mobile Loan account, you agree to comply with and be bound by these terms and conditions.
3.5
These terms and conditions may be amended by PCL with thirty (30) days' notice. Continued use of the account constitutes acceptance of any amendments.
04
Loan Account Opening
4.1
To open a PCL Mobile Loan account, you must be at least 18 years old and a registered customer within the PCL services framework.
4.2
You may open a PCL Mobile Loan account solely by way of an electronic application made using your equipment via the PCL Mobile system.
4.3
You authorize Safaricom to share personal information with PCL (including your phone number, name, date of birth, and ID number) to enable PCL to identify you and comply with KYC requirements. You also consent to PCL accessing your M-Pesa information as required for the services.
4.4
PCL may obtain your credit information from any duly authorized Credit Reference Bureau and may share your credit information with such bureaus in accordance with the Banking (Credit Reference Bureau) Regulations, 2013.
4.5
PCL reserves the right to request further information at any time. Failure to provide such information may result in PCL declining your application.
4.6
Acceptance of your application shall be communicated via SMS. Acceptance does not create any contractual relationship between you and Safaricom beyond your existing M-Pesa terms.
4.7
PCL reserves the right to decline or revoke any application at its sole discretion and without assigning any reason.
05
Your Requests
5.1
You irrevocably authorize PCL to act on all requests received from you through the system. PCL may refuse requests that would result in an overdraft on your account.
5.2
PCL may act on any request even if incomplete or ambiguous, if it believes it can correct the information without reference to you.
5.3
PCL shall be deemed to have fully performed its obligations even if a request was sent in error or fraudulently, provided PCL acted in good faith.
5.5
You agree to indemnify PCL against all claims, losses, damages and expenses arising from PCL acting in accordance with any of your requests.
5.6
Request cancellations must be made through customer care and are only possible where the request is revocable and has not yet been acted upon. A cancellation fee may apply.
5.8
In the event of any conflict between any request and these terms and conditions, these terms and conditions shall prevail.
06
Lien
6.1
PCL shall have a general lien over all your property and assets in its possession should you owe any money to PCL, including cash, goods, securities, valuables, and any other movable or immovable property.
6.3
PCL may give written notice that if an accrued debt is not paid within 30 days, PCL may use all available channels to recover the debt, including filing suit in court.
6.4
You hereby appoint PCL as your attorney for purposes of any transaction held on your behalf in relation to your assets for discharging the debt.
07
Set-off
7.1
PCL may set off amounts from any of your payments against amounts that are due from you to PCL.
08
Statements and Balances
8.1
You may request a statement or activity report from PCL Customer Care.
8.2
You may check your PCL Mobile Loan balance using the PCL Mobile Loan menu.
8.3
You will be notified of all transactions on your account by SMS.
09
Customer Complaints
9.1
Complaints may be made in person, in writing, by post, email, social media channels, or by telephone.
9.2
PCL will take all measures to resolve complaints within a reasonable time in accordance with PCL's complaints handling procedures, available from any PCL branch or customer care center.
10
Dormant Accounts
Your PCL Mobile Loan account will automatically be classified as inactive if you do not initiate any transactions for a continuous period of 12 months.
11
PCL Interest and Charges
11.1
PCL may debit your account with fees, loan processing fees, costs and other charges in respect of its products and services. A detailed breakdown of charges is available upon request.
11.2
Unless otherwise agreed in writing, interest is charged at a rate PCL determines from time to time, calculated on the full loan amount. PCL will provide reasonable prior notice before changing interest rates. Higher agreed rates will not apply to existing loans but to subsequent ones.
11.3
Legal Charges: Advocate and client charges, costs and expenses incurred in any legal or arbitration proceedings shall be charged in accordance with the Advocates (Remuneration) Order 2014.
11.4
Loan Processing Fee: Charged according to the duly approved tariff schedule published by PCL from time to time.
11.5
Other Charges: Including ledger fees, third-party fees, statutory charges, compliance expenses, and debt recovery costs.
11.7
PCL will give you at least thirty (30) days' notice of new charges via email, SMS, letter, and/or daily newspaper notices.
12
Taxes
12.1
All payments to be made by you in connection with these terms and conditions are calculated with regard to applicable taxes payable by you.
13
Consent and Data Protection
13.1 — Lawful Basis
By accepting these Terms, the Borrower acknowledges that PCL is a data controller and may collect, hold, store, use, and process personal data under a lawful basis including:
i.Performance of a contract (granting, managing and enforcing the Loan)
ii.Compliance with a legal or regulatory obligation
iii.Legitimate interests of PCL, provided these do not override the rights of the Borrower
iv.The Borrower's express consent (especially for optional or marketing purposes)
13.2 — Purposes for Processing
PCL may process personal data for:
a)Assessing, administering and enforcing the Loan
b)Credit assessments, fraud prevention, AML compliance and security audits
c)Communicating with the Borrower (notifications, statements, default notices, etc.)
d)Developing, improving or tailoring PCL's products and services
e)Marketing or cross-selling where consent has been given
f)Compliance with legal, regulatory, tax or governmental requirements
g)Enforcing or defending PCL's rights under these Terms
13.3 — Disclosure & Sharing
The Borrower authorizes PCL to disclose personal data to third parties including credit reference agencies, service providers, affiliates, regulatory authorities, and others with consent.
13.4 — Cross-Border Transfers
Transfers outside Kenya shall only occur where adequate protection is in place, legal safeguards exist, explicit consent is given, or the transfer is required for the contract.
13.5 — Your Rights under the Data Protection Act, 2019
Be Informed
Know how your personal data will be used, who it will be shared with, and for what purposes.
Access
Access the personal data PCL holds about you at any time.
Rectification
Request correction of inaccurate or incomplete personal data.
Erasure
Request deletion of data no longer necessary or not lawfully retained.
Object
Object to processing based on legitimate interests, marketing or profiling.
Withdraw Consent
Withdraw consent at any time for processing based solely on consent.
Restriction
Request restriction of processing in certain circumstances.
Data Portability
Receive your data in a machine-readable format and transfer to another controller.
13.6 — Retention & Security
PCL retains personal data only for as long as necessary or required by law. Appropriate technical, physical and organizational security measures are implemented to protect your data.
13.7 — Contact
For any queries or complaints relating to PCL's processing of your personal data, contact PCL's Customer Service at 0704448755.
13.8 — Changes to this Clause
PCL may amend this clause to reflect changes in law or business practices. Continued acceptance of Terms after notice of change constitutes agreement to the revised clause.
14
Specific PCL Mobile Loan Products
14.1
Nawiri Loan
Eligibility
Only holders of PCL Physical Loan accounts are eligible to open Nawiri Loan accounts.
Credit Limit
Upon opening your PCL Mobile account, you will receive a credit limit. Your credit limit may vary depending on your repayment performance, CRB score, and other parameters set by PCL.
Loan Proceeds
PCL shall channel Nawiri loan proceeds directly into your M-Pesa account, subject to approval, less any offsets and applicable fees.
Repayment
All payments shall be made within thirty (30) days. In the event of non-repayment, PCL will automatically roll over the outstanding amount for a further 30 days, up to a maximum of ninety (90) days.
Renewal
You may renew your Nawiri loan at any time having satisfied PCL's eligibility criteria. A successful renewal closes the running loan and opens a new account. M-Pesa transactional limits and charges apply.
Default
Failure to repay the Nawiri Loan in full within the agreed repayment period constitutes default.
CRB Disclosure
You consent and authorize PCL to disclose information pertaining to your Nawiri account to credit reference bureaus and relevant regulators as required by law.
14.2
Government Checkoff Loan
Eligibility
Only employees of approved Government ministries, agencies and institutions are eligible.
Repayment
Repayment shall be made through salary deductions effected through the checkoff system by your employer and remitted to PCL bank accounts as provided through authorized PCL representatives.
Deductions
Such deductions shall continue for the full term of the loan and thereafter, provided there is an amount outstanding.
Interest Rate
Interest rates and applicable fees shall be determined by PCL from time to time. PCL will endeavor to give thirty (30) days' prior notice of rate changes via SMS. New rates will not apply to running loans but to subsequent applications.
Loan Undertaking
Loan undertaking or renewal of a running loan is not available through the Mobile system menu. Contact PCL customer care for these services.
15
Disclosure and Consent for Information Sharing
15.1
You expressly consent and authorize PCL to disclose, receive and use your personal information to and from:
15.1.1PCL's service providers, dealers, agents, subsidiaries or holding companies for reasonable commercial purposes
15.1.2A credit reference bureau
15.1.3PCL's lawyers, auditors, or professional advisors in connection with legal or audit proceedings
15.1.4Safaricom in connection with the M-Pesa service
15.2
You authorize PCL to disclose information relating to your account to any local or international law enforcement, regulatory or governmental agency to assist in the prevention, detection, investigation or prosecution of criminal activities or fraud.
16
Your Equipment and Responsibilities
16.1
You shall at your own expense provide and maintain in safe and efficient operating order all equipment necessary for accessing the system and the services.
16.2
PCL shall not be responsible for errors or failures caused by any malfunction of your equipment, computer viruses, or losses caused by your service provider.
16.4
You are solely responsible for safekeeping your equipment and keeping your PCL Mobile PIN secret and secure. PCL shall not be liable for any disclosure of your PIN to any third party.
16.6
You shall immediately inform PCL through customer care if:
16.6.1You believe your PCL Mobile PIN is or may be known to any unauthorized person
16.6.2You believe unauthorized use of the services has or may have occurred
16.8
You shall not at any time operate or use the services in any manner that may be prejudicial to PCL.
17
Exclusion of Liability
PCL shall not be liable for losses caused by equipment failure, force majeure, power outages, adverse weather, terrorist action, or failure of any public or private telecommunications system.
17.2
PCL will not be liable for losses or damage arising from failure or unavailability of the system, your equipment, the network, M-Pesa system, or M-Pesa service.
17.4
PCL is not liable for losses arising from your failure to give proper or complete instructions for payments or transfers.
17.8
Under no circumstances shall PCL be liable for any loss of profit, anticipated investments, or any indirect or consequential loss of any kind, even where the possibility of such loss has been notified to PCL.
17.9
All warranties and obligations implied by law are hereby excluded to the fullest extent permitted by law.
18
Intellectual Property Rights
18.1
All intellectual property rights in the System and associated documentation are vested in PCL or licensed to PCL. You shall not infringe such rights, nor duplicate, reproduce or tamper with the System without prior written consent from PCL.
19
Indemnity
19.1
You undertake to indemnify PCL and hold it harmless against any loss, charge, damage, expense, fee or claim which PCL suffers or incurs by complying with your instructions or requests.
19.2
The indemnity also covers:
19.2.1All demands, claims and damages arising from hardware/software failure, data loss, power failures, natural phenomena, riots, terrorism, or communication link distortions
19.2.2Loss or damage from your use or misuse of any third-party software
19.2.3Unauthorized access to your account or breach of security
19.2.4Loss occasioned by failure to adhere to these Terms or supplying incorrect information
20
Variation and Termination of Relationship
20.1
PCL may, upon thirty (30) days' notice, terminate or vary its business relationship with you and close your PCL Mobile account, requiring repayment of all outstanding debts.
20.2
PCL may suspend or close your account without notice if:
20.2.1You use the account for unauthorized purposes, abuse, fraud or attempted fraud
20.2.2Your M-Pesa account or agreement with Safaricom is terminated
20.2.3PCL is required to comply with a court order, regulator, or competent authority
20.2.4PCL reasonably suspects breach of these terms (including non-payment)
20.2.7Your account becomes inactive or dormant
20.2.8PCL decides to suspend or cease provision of services for commercial or other reasons
20.3
Termination shall not affect any accrued rights and liabilities of either party.
21
Miscellaneous
21.1
These terms and conditions form a legally binding agreement on you and your personal successors.
21.2
This Agreement and any rights or liabilities accruing thereunder may not be assigned by you to any other person.
21.3
PCL may vary or amend these terms at any time by thirty (30) days' notice via posters, pamphlets, daily newspapers, PCL's website, or other means as determined by PCL.
21.6
If any provision of these terms is found invalid or unenforceable by a competent authority, the invalidity of such provision shall not affect the other provisions herein.
22
Notices
22.1
PCL may send information concerning your PCL Mobile account via SMS to the Safaricom mobile phone number associated with your M-Pesa account.
22.2
You acknowledge that you have no claim against PCL for damages resulting from losses, delays, misunderstandings, duplications or other irregularities in the transmission of any communication pertaining to the PCL Mobile account.
23
Dispute Resolution
23.1
You may contact the customer care center to report any disputes, claims or account discrepancies.
23.2
Any dispute not resolved by customer care representatives shall be escalated in line with PCL's complaint resolution policy and process.
23.3
This Agreement shall be governed by and construed in accordance with the laws of the Republic of Kenya.
24
Privacy of Your Personal Information
24.1
PCL is a duly licensed Data Protection Agent and shares your personal information with:
24.1.1PCL and its service providers for the purpose of providing products and services and complying with regulatory obligations
24.1.2Any party to whom PCL assigns its rights under this agreement
24.1.3Regulators and authorities as required
24.1.4Credit reference agencies for credit assessments and credit profiling
24.2
PCL is responsible for ensuring that your personal information is processed lawfully and in a reasonable manner that does not infringe your privacy.
24.3
Your personal information will not be disclosed to anyone else without your consent unless PCL is legally required or permitted to do so.
25
Service Outages and Downtimes
25.1
Our products and services rely on technological infrastructure including mobile network providers, internet service providers, and computer systems.
25.2–3
You understand and accept that service outages occur. During outages, it may not be possible to use certain products or services, and transactions may be delayed.
26
Our Partners' Services
26.1
PCL may agree with commercial partners to provide complementary services to you or to offer you their services on special terms in connection with certain PCL products and services.
26.2
Our partners are solely responsible for their services and their terms and conditions will apply.
27
Changing Our Terms and Conditions
27.1
PCL can change this agreement by giving you thirty (30) days' notice before the change comes into effect.
27.2
Branch and contact center employees do not have authority to change any agreement unless they are authorized staff. Any such change must be in writing.
27.4
If you continue to use a product or service after a change comes into effect, the change will apply to you.
28
Tenure of This Agreement
28.1
This Agreement will continue while you have one or more PCL products or services.
28.2
After you cease to have a PCL product or service, your obligations continue until all outstanding financial obligations have been fulfilled.
28.3
PCL can end this agreement without prior notice if you have given materially inaccurate information or if it is necessary to protect PCL's interests.
28.4
PCL's obligations regarding your personal information and dormant accounts continue after you cease to have a product or service.
Need Help or Have Questions?
Contact our Customer Care or visit any PCL branch. We're here to assist you every step of the way.